Iowa Administrative Code

201.3(1) The child is eligible for subsidy when the department or a private agency has documented that it has been unable to place the child in an appropriate adoptive home without a subsidy and the child is determined to be a child with special needs based on one or more of the …

guardianship of the department shall be made at the time of the adoptive placement of the child, or at any time in the adoptive process before finalization of the adoption. 201.4(1) The prospective adoptive family residing in Iowa who has been studied and approved for adoptive pl…

201.5(1) The amount of presubsidy or subsidy shall be negotiated between the department and the adoptive parents and shall be based upon the needs of the child and the circumstances of the family. a. Each time negotiations are completed, the Adoption Subsidy Agreement shall be co…

201.6(1) Special services only. a. Reimbursement to the family or direct payment to a provider may be made for the following special services needed to meet the needs of the child: (1) Outpatient counseling or therapy services. Reimbursement for outpatient individual or family se…

201.7(1) Eligibility for continuation of adoption subsidy shall be evaluated when the department has reasonable cause to suspect the adoptive parent is not providing financial support or is no longer legally responsible for the child. This includes but is not limited to the follo…

201.8(1) The adoptive child no longer meets the definition of child in rule 441—201.1(600). 201.8(2) The child marries. 201.8(3) The adoptive parents are no longer using the maintenance payments to support the child. 201.8(4) Death of the child or death of the parents of the chil…

terminated because of reasons in subrule 201.8(3), 201.8(6), or 201.8(7) and the reason for termination no longer exists. [ARC 8415C, IAB 11/27/24, effective 1/1/25]

“Age- or developmentally appropriate activities” means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cog…

services for the purpose of aiding them in the care and supervision of the child. These services shall include but not be limited to: 202.10(1) Availability of social service staff on a 24-hour basis in case of emergency. 202.10(2) Conferences to develop in-depth planning regardi…

relationship with the child. 202.11(1) The department service worker shall: a. Help the child plan for the future, b. Evaluate the child’s needs and progress, c. Supervise the living arrangement, d. Arrange for social and other related services including, but not limited to, medi…

202.12(1) Child welfare services shall be made available to the parents throughout the period of placement for the purpose of reuniting the family in an agreed-upon time frame. Family safety, risk, and permanency services may be provided to: a. Promote identification and enhancem…

202.13(1) When the department plans to remove a child from a facility or foster home, the facility or foster home shall be informed in writing of the date of the removal, the reason for the removal, the recourse available to the facility or foster home, if any, and that the conte…

eligible child, or when the attainment of goals in the case plan has been achieved, or when the goals for whatever reasons cannot be achieved, or when it is evident that the family or individual is unable to benefit from the service or unwilling to accept further services. This r…

202.15(1) The department worker shall ensure that a case permanency plan is developed for each child who is placed in foster care if the department has agreed to provide foster care through a voluntary placement agreement, if a court has transferred custody or guardianship to the…

202.16(1) Applicants for departmental approval of need shall submit the following to the division of child and family services: a. A description of the population to be served, including age, sex, and types of disorders, and an estimate of the number of these youth in need of psy…

202.17(1) Area target. A group care budget target shall be established for each departmental service area, which shall be based on the annual statewide group care appropriation established by the general assembly. a. The department and the judicial branch shall jointly develop a …

of the department service areas. The service area manager or designee shall determine the number of local transition committees needed within the service area, set operating policies and procedures, and appoint committee membership. 202.18(1) Purpose. The purpose of local transit…

202.2(1) Only an eligible child as defined in these rules shall be considered for foster care services supervised by the department. 202.2(2) The need for foster care placement and social and other related services, including but not limited to medical, psychiatric, psychological…

202.3(1) All voluntary placement agreements initiated after July 1, 2003, for children under the age of 18 shall terminate after 90 days. 202.3(2) When the voluntary placement is of a child who is under the age of 18, a Voluntary Foster Care Placement Agreement, Form 470-0715, sh…

202.4(1) Placement consistent with the best interests and special needs of the child shall be made in the least restrictive, most family-like facility available and in close proximity to the child’s home. Race, color, or national origin may not be routinely considered in placemen…

202.5(1) Except for placements made in less than 24 hours, a child placed in a facility shall have a preplacement visit involving: a. The child, b. The foster parents or agency staff, if the child is placed in a public or private agency, c. The department service worker, and d. T…

202.6(1) At the time of placement, the department worker shall furnish to the foster care provider any available information regarding the child. a. The information provided shall include: (1) The child’s full name and date of birth; (2) The names, work addresses, and telephone n…

202.7(1) When the department makes a placement of a child in the foster care system out of the service area in which the child resides, this placement shall occur only when there is no appropriate placement within the service area, when the placement is necessary to facilitate re…

202.8(1) The department shall make an out-of-state foster family care placement only with the approval of the service area manager or designee. Approval shall be granted only when the placement will not interfere with the goals of the child’s case permanency plan and when one of …

a child with an environment in which the child can experience living in the community with supervision and prepare for self-sufficiency. The child must have the capacity to live in the community with less supervision than that provided by a foster family or in a group care settin…

“Children who are difficult to place” means “child” as described in 441—subrule 201.3(1), children under state guardianship for whom an adoptive home is not available within 90 days after termination and children as part of a sibling group of more than three children. “Iowa adopt…

203.2(1) All children who are difficult to place shall be registered on the exchange system within 60 days of receipt of the termination of parental rights court order unless a deferral is granted by the adoption program manager. 203.2(2) Licensed child-placing agencies shall reg…

203.3(1) Approved families wishing to adopt a child who is difficult to place shall be registered on the exchange system by the department. 203.3(2) Licensed child-placing agencies and certified adoption investigators shall register an approved family on the exchange using one of…

licensed child-placing agencies shall search for approved families to meet the needs of the available children. The child’s and family’s workers shall be contacted for additional information needed to make an informed decision concerning possible adoptive placements. [ARC 8069C, …

“Child” means either a person less than 18 years of age or a person 18, 19, or 20 years of age who meets one or more of the following conditions: 1. Is in full-time attendance at an accredited school pursuing a course of study leading to a high school diploma. 2. Is attending an …

204.10(1) Children eligible for subsidy are entitled to medical assistance as defined in 441—Chapter 75. When an Iowa child receives medical assistance from another state, Iowa shall discontinue paying any medical costs the month following the move unless additional time is neces…

204.2(1) General conditions of eligibility. The guardian named in a permanency order under Iowa Code section 232.104(2)“d”(1) or chapter 232D for a child who was previously in the custody of the department is eligible for subsidy when all of the following conditions exist: a. The…

county office of the department. 204.3(1) Application forms. Application for a subsidized guardianship shall be made on the approved department form. 204.3(2) Eligibility determination. The determination of whether a child meets the eligibility requirements is made by the departm…

204.4(1) Subsidy agreement. The amount of subsidy shall be negotiated between the department and the guardian and shall be based upon the needs of the child and the circumstances of the family. 204.4(2) Amount of subsidy. Each time negotiations are completed, the department and t…

purposes of child support recovery and as such create a support debt for the legally responsible parent or parents. [ARC 8111C, IAB 7/10/24, effective 8/14/24]

204.6(1) Eligibility for continuation of guardianship subsidy shall be evaluated when the department has good cause to suspect the guardian is not providing financial support or is no longer legally responsible for the child. Good cause includes, but is not limited to, the follow…

subsidy is terminated. The subsidy shall terminate when any of the following occur, and a notice shall be sent that states the reason for the termination: 1. The child reaches the age of 18, unless the department determines that the subsidy may continue until the child reaches th…

was terminated at the guardian’s request and the guardian has requested reinstatement. [ARC 8111C, IAB 7/10/24, effective 8/14/24]

[ARC 8111C, IAB 7/10/24, effective 8/14/24]

“Administrator” means the entity selected by the department through a request for proposal process or other contractual arrangement to administer the autism support program. “Applicant” means an individual on whose behalf an application has been submitted but who has not been ide…

services through the autism support program, an individual must meet the following requirements: 22.2(1) An individual shall submit an application to the department using a standardized application form available through the administrator’s and the department’s websites and from …

22.3(1) An individual with a household income equal to or greater than 200 percent of the federal poverty level, up to a maximum of 500 percent of the federal poverty level, will be subject to cost-sharing requirements. Cost sharing will be implemented incrementally up to a maxim…

sharing, and disenrollment in the program. 22.4(1) An eligible individual’s continued financial eligibility for the program, cost-sharing requirements, and exemption from cost sharing will be determined on an annual basis. 22.4(2) The administrator shall request needed informatio…

22.5(1) All services reimbursed through the program shall be prior-authorized by the administrator. 22.5(2) An autism service provider shall submit an initial treatment plan to the administrator specifying a plan of treatment for a period of no more than six months. The initial t…

department-approved autism service providers so that applied behavior analysis services are available to eligible individuals statewide to the maximum extent possible. 22.6(1) A provider shall be approved to participate in the autism support program provider network if the provid…

22.7(1) The department will: a. Not take new applications for the program that would cause expenditures of the program to exceed the budgeted amount. b. Limit expenditure of program funds to services for those individuals determined to be eligible individuals and for related admi…

The right to appeal shall be given in accordance with 441—Chapter 2506. [ARC 0260D, IAB 5/13/26, effective 7/1/26] These rules are intended to implement Iowa Code chapter 225D. [Filed ARC 1329C (Notice ARC 1184C, IAB 11/13/13), IAB 2/19/14, effective 4/1/14] [Filed ARC 2816C (Not…

229, the following definitions apply: “Adult” means a person or persons 18 years of age and over. “Caregiver” means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, an individual with a chronic or…

222.1(1) The members of a council will be recruited by the DAP. 222.1(2) The appointments will be for three-year staggered terms, which will expire on June 30. 222.1(3) Vacancies will be filled in the same manner in which the original appointments were made for the balance of the…

222.2(1) Officers of a council will consist of a chairperson and a vice chairperson. The chairperson will be appointed by the DAP. The vice chairperson will be elected at the first meeting of each fiscal year. a. The vice chairperson may serve no more than three consecutive terms…